77-38b-301. Entry of a civil judgment of restitution and civil accounts receivable — Continuation of the criminal action — Interest — Delinquency.
| (1) |
As used in this section, “civil judgment” means an order for:
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 77-38b-301- Civil accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
- Civil judgment of restitution: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-38b-102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means an individual who has been convicted of, or entered into a plea disposition for, criminal conduct. See Utah Code 77-38b-102
- Docket: A log containing brief entries of court proceedings.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
| (a) |
a civil judgment of restitution; or |
| (b) |
a civil accounts receivable. |
|
| (2) |
If the court has entered a civil judgment on the civil judgment docket under Section 77-18-114, the civil judgment is enforceable under the Utah Rules of Civil Procedure. |
| (3) |
| (a) |
Notwithstanding Sections 77-18-114, 78B-2-311, and 78B-5-202, a civil judgment shall expire only upon payment in full, including any applicable interest, collection fees, attorney fees, and liens that directly result from the civil judgment. |
| (b) |
Interest on a civil judgment may only accrue from the day on which the civil judgment is entered on the civil judgment docket by the court. |
| (c) |
This Subsection (3) applies to all civil judgments that are not paid in full on or before May 12, 2009. |
|
| (4) |
A civil judgment is considered entered on the civil judgment docket when the civil judgment appears on the civil judgment docket with:
| (a) |
an amount owed by the defendant; |
| (b) |
the name of the defendant as the judgment debtor; and |
|
| (5) |
If a civil judgment becomes delinquent, or is in default, and upon a motion from a judgment creditor, the court may order the defendant to appear and show cause why the defendant should not be held in contempt under Section 78B-6-317 for the delinquency or the default. |
| (6) |
Notwithstanding any other provision of law:
| (a) |
a civil judgment is an obligation that arises out of a defendant’s criminal case; |
| (b) |
a civil judgment is criminal in nature; |
| (c) |
the civil enforcement of a civil judgment shall be construed as a continuation of the criminal action for which the civil judgment arises; and |
| (d) |
the civil enforcement of a civil judgment does not divest a defendant of an obligation imposed as part of the defendant’s punishment in a criminal action. |
|
Amended by Chapter 113, 2023 General Session
